New York Commercial Real Estate Litigation
Commercial Property Disputes, Construction Access, Foreclosure, Leasing, Financing and RPAPL § 881 Proceedings
Commercial real estate disputes can affect the value, timing, financing, development and continued operation of a real estate investment. Effective representation requires an understanding of both the legal dispute and the underlying transaction, property and business objectives.
Abrams Fensterman represents developers, property owners, investors, landlords, tenants, lenders, borrowers, businesses and other stakeholders in sophisticated commercial real estate disputes throughout New York. Our attorneys handle transaction and ownership disputes, commercial lease litigation, financing disputes, commercial foreclosure, development-related litigation, construction access disputes and proceedings under New York RPAPL § 881.
Experienced New York Real Estate Litigation Counsel
Abrams Fensterman’s Real Estate Litigation practice is led by Rachelle Rosenberg, Partner and Director of Real Estate Litigation. With more than two decades of experience handling commercial real estate matters, Rachelle represents clients in disputes involving valuable real estate assets, development projects, neighboring property rights, construction access and other complex property-related conflicts.
What Types of Commercial Real Estate Disputes Do Our Attorneys Handle?
Our Real Estate Litigation attorneys handle disputes involving the ownership, acquisition, financing, leasing, development, use and operation of commercial real estate, including:
- Construction Access Disputes & RPAPL § 881 Proceedings: Disputes involving construction license agreements, temporary access to neighboring property, neighboring-owner protections and court proceedings seeking access under New York RPAPL § 881.
- Purchase and Sale Disputes: Conflicts involving purchase and sale agreements, deposits, closing obligations, contractual conditions, representations, warranties and alleged breaches arising before or after closing.
- Ownership and Joint Venture Disputes: Conflicts involving owners, members, partners, investors, joint-venture participants, management rights, control and economic interests in real estate assets.
- Commercial Lease Litigation: Disputes involving lease defaults, rent and additional rent obligations, commercial evictions and holdover proceedings, consent and renewal rights, assignments, use restrictions, rent adjustments and other landlord-tenant obligations.
- Financing and Lender-Borrower Disputes: Disputes involving mortgage loans, financing agreements, guaranties, lender liability claims, defaults, collateral, lien priority, workouts, restructurings and lender or borrower remedies.
- Development and Project Disputes: Disputes involving development agreements, construction activity, construction delays and defects, redevelopment projects and other obligations affecting the timing, cost or completion of a real estate project.
- Commercial Foreclosure: Commercial mortgage foreclosure and related disputes involving loan documents, defaults, guaranties, collateral and real estate interests.
- Property, Title and Boundary Disputes: Quiet title actions, adverse possession claims, partition actions, boundary and easement disputes, mechanic’s lien matters, title and deed disputes and other conflicts affecting ownership or property rights.
Who We Represent
Our Real Estate Litigation attorneys represent developers, commercial property owners, neighboring property owners, investors and ownership groups, joint-venture participants, commercial landlords and tenants, borrowers, lenders and businesses with interests in commercial real estate.
Construction Access Disputes & RPAPL § 881 Proceedings
Construction and development projects in New York often require temporary access to neighboring property. When a developer and adjoining property owner cannot agree on the scope or conditions of that access, the dispute can affect the timing, cost and progress of the project.
Abrams Fensterman represents both developers seeking access and neighboring property owners seeking appropriate protections in matters involving scaffolding, sidewalk sheds, façade and foundation work, underpinning, monitoring equipment, roof protections, temporary encroachments and other construction-related access.
When voluntary access cannot be negotiated, New York RPAPL § 881 may provide a mechanism to seek court-ordered temporary access to adjoining property. Learn more about our Construction License Agreements & RPAPL § 881 practice →
An Integrated Approach to Real Estate Disputes
Real estate disputes frequently arise from acquisitions, financing arrangements, development projects, leases, joint ventures and ownership structures. Abrams Fensterman’s litigation attorneys work within a broader Real Estate practice that also includes sophisticated transactional and financing counsel.
When a matter extends beyond traditional real estate law, our attorneys can also collaborate with lawyers across the firm’s Commercial Litigation, Corporate and other practices to address related contractual, ownership, financing and business issues through a coordinated strategy.
Related Commercial Real Estate Resources
Frequently Asked Questions
What Happens When a Commercial Real Estate Transaction Leads to Litigation?
A commercial real estate transaction may become disputed before closing, after the transaction has been completed or during the subsequent ownership and operation of the property. Litigation may involve deposits, contractual conditions, due diligence issues, representations and warranties, financing contingencies, closing obligations, post-closing responsibilities or alleged breaches of the governing agreements.
How Are Real Estate Ownership and Joint Venture Disputes Resolved?
Ownership and joint-venture disputes may involve management rights, capital contributions, distributions, financing decisions, transfers, control of the property, fiduciary obligations or an exit from the investment. Resolution may require interpretation and enforcement of operating agreements, partnership agreements, joint-venture documents and related contracts through negotiation, litigation or other dispute-resolution processes.
What Issues Commonly Lead to Commercial Lease Litigation?
Commercial lease disputes may involve rent and additional rent obligations, alleged defaults, lease interpretation, maintenance and repair obligations, consent rights, renewal and extension rights, assignment and subletting, use restrictions, redevelopment rights, termination rights and other obligations affecting landlords and tenants.
What Issues Arise in Commercial Real Estate Foreclosure Litigation?
Commercial foreclosure matters may involve mortgage obligations, loan defaults, guaranties, collateral, lien priority, ownership interests, workouts and other rights and remedies affecting commercial real estate. These matters require consideration of both the underlying financing documents and the procedural and strategic issues involved in enforcing or defending against claimed remedies.
Can Commercial Real Estate Disputes Be Resolved Without Going to Trial?
Yes. Depending on the circumstances, a negotiated business resolution, settlement, mediation or other dispute-resolution process may achieve the client’s objectives without a trial. In other matters, litigation and court intervention may be necessary to preserve rights, prevent harm or enforce contractual and property interests.
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